Bernard A. Krooks - Littman Krooks LLP > New York Elder Law Blog > Alzheimers

Archive for the ‘Alzheimers’ Category

Newer Entries »

Assistance is Available for Struggling Seniors

Wednesday, October 10th, 2012

Seniors face many issues relating to housing, hunger, income, abuse and isolation. In the State of New York, The Office of Temporary and Disability Assistance is accountable for developing and overseeing programs that provide aid and support those that are eligible and need assistance. The programs mentioned below compliment the primary government benefits programs of Social Security, Medicare and Medicaid for seniors and people with special needs.

  • Energy Assistance: The Home Energy Assistance Program (HEAP) is a federally-funded program to assist people with low incomes with their energy expenses, including heating bills and some energy-related home repairs (HEAP can help those who are meet eligibility requirements pay for any of the following: electricity, propane, natural gas, wood, oil, kerosene, coal or any other heating fuel). In order to qualify for HEAP in New York State, you must need help with your energy bills and meet an income requirement.  A single person must have an annual income of less than $24,360.  Applications can be made at any social services office. To locate a social services office in your area, click here.
  • Housing Assistance: The Bureau of Housing and Support Services (BHSS) concentrate solely on the problems revolving around the homeless, at-risk, and low-income households in New York State. The Homeless Housing and Assistance program supplies capital grants and loans to not-for-profit corporations, charitable and religious organizations, municipalities and public corporations to acquire, construct or rehabilitate housing for persons who are homeless and are unable to secure adequate housing without special assistance.
  • Telephone Assistance: Low-income seniors may also qualify for assistance with their telephone bills.  The Lifeline program provides federal assistance for low-income older adults, for one telephone per household.  The program is available for landlines or cell phones, and you can apply directly through your telephone service provider. To be eligible, consumers must have an income that is at or below 135% of the Federal Poverty Guidelines or participate in a qualifying state, Federal or Tribal assistance program.
  • Food Assistance: The Supplemental Nutritional Assistance Program (SNAP) provides an Electronic Benefits Transfer (EBT) card, which can be used just like a debit card to purchase groceries at participating supermarkets and other retail food stores.  The program is available to people with low incomes, particularly seniors, and you can apply in person at your local social services office, or online at myBenefits.ny.gov. To find out if you are eligible for SNAP, click here.

To read a full list of supplemental benefit programs offered by the State of New York, visit:  http://otda.ny.gov/workingfamilies/. For more information about our elder law services, visit www.elderlawnewyork.com.

Tags: , , , , , , , , , , , , ,
Posted in Alzheimers, Elder Law, Estate Planning, LGBT, Long Term Care | Comments Off on Assistance is Available for Struggling Seniors

Caring for Aging Parents Can Take a Village

Tuesday, October 2nd, 2012

According to Carol Bradley Bursack, author of “Minding Our Elders,” there is a lot to be said for routine. What many would consider one’s daily, mundane habits may also be the very thing that lets you know when one a loved ones needs assistance.

As the population ages and society continues to foster long-distance family relationships, it is uncommon for the adult children of elderly parents to live close by. If an elderly parent is in declining health and lives on his or her own, and the adult child lives an hour or more away, that adult child is considered a ” long-distance caregiver.” And when the only caregiver is far away, it often falls to everyday acquaintances – the bank teller, the dentist, the letter carrier – to notice when something is amiss. Those people, says Bursack, can become part of a long-distance caregiver’s community care network.

Bursack has strategy tips for how to develop community help for long-distance caregivers, including reaching out to regular delivery people, such as letter carriers, newspaper delivery people, and supermarket carriers. They can be asked to make contact if they note that newspapers are piling up or mail is uncollected. The same can be asked of service providers such as landscapers or house cleaners. There are also individuals that can be recruited who are trained to keep an eye on things, such as a visiting nurse or meal delivery person.

Linda Rhodes, author of “The Essential Guide to Caring for Aging Parents,” also suggests engaging the local community. She advises long-distance caregivers to exchange phone numbers with a parent’s neighbor. She also advises touching base with the parent’s local house of worship, and tapping into the volunteer community there to have someone do well visits.

Set up a phone tree. Share phone call days with other relatives, and have a strictly adhered-to schedule. If a caller cannot get hold of the parent or does not get a call returned, make certain the information is shared and can be followed up.

Consider the latest in technology – Skype and Facetime both allow virtual face-to-face interaction. Personal response systems can be placed in the home or even worn around the neck or wrist.  Motion-sensing systems can alert a monitor to a lack of movement in the home, and send an alert via computer or to a call center.

For more information about elder law, visit our website at www.elderlawnewyork.com.

Tags: , , , , ,
Posted in Alzheimers, Elder Law | Comments Off on Caring for Aging Parents Can Take a Village

Can a resident of a nursing home with Medicaid benefits leave the facility for an overnight visit that is a non-hospitalization leave

Monday, September 24th, 2012

Medicaid planning can be very tricky – with Medicaid legislation in constant fluctuation, with policies, waiting periods and maximum asset/income levels becoming stricter – planning is crucial. Our Certified Elder Law Attorney®s at Littman Krooks have put together a new series of entries that address some of the more frequently asked questions we’ve heard about Medicaid:

  • Can a resident of a nursing home with Medicaid benefits leave the facility for an overnight visit that is a non-hospitalization leave?

Medicaid Guidelines regulate bed reservation policies at nursing homes. A leave of absence is defined as an overnight absence (such as a visit with relatives and friends) or a leave to participate in medically acceptable therapeutic or rehabilitative plans of care. A leave of absence is considered to be non-inclusive of hospitalization time. Under Medicaid rules, Medicaid allows for up to ten (10) days in a 12-month period of time for a non-hospital leave. Medicaid is reimbursed for ninety-five (95%) of the Medicaid rate, otherwise payable to the facility for the services provided on behalf of the person (DAL/DQS #05-13).

  • What if the nursing home facility provides the patient with a bed hold waiver form?

At many facilities, if a bed hold waiver form is not signed, a patient will be discharged and their room will not be held during a leave of absence. A bed hold waiver form, when signed, permits the nursing home to hold the patient’s room during any absence that the resident may have from the facility. However, oftentimes, signing this agreement gives the nursing home permission to bill the resident privately, along with the NYS tax assessment, for every day that the resident is absent. Residents should carefully read any agreements prior to signing.

  • What if a Medicaid-eligible resident’s leave of absence exceeds the number of Medicaid reimbursable days?

For Medicaid residents that do sign the bed hold waiver agreement, residents should not be charged for any absences as Medicaid should be billed for the days absent as long as the patient falls within the 10 day rule within 12 months. If a Medicaid-eligible resident’s leave of absence exceeds the number of Medicaid reimbursable days, the facility may charge privately to the bed holder. The Department does not regulate the amount charged. Residents should inquire if their nursing home is not seeking reimbursement from Medicaid for these charges.

Summary:

  • Medicaid allows for up to ten (10) days in a 12-month period of time for a non-hospital leave;
  • A bed hold waiver form, when signed, oftentimes permits the nursing home to hold the patient’s room during any absence that the resident may have from the facility;
  • For any Medicaid residents that do sign the bed hold waiver agreement, Medicaid should be billed for the days absent as long as the patient falls within the 10 day rule within 12 months;
  • If a Medicaid-eligible resident’s leave of absence exceeds the number of Medicaid reimbursable days, the facility may charge privately to the bed holder. The Department does not regulate the amount charged.

For more information on medicaid planning, elder law, estate planning, veterans’ benefits, special needs planning or special education advocacy, visit our website at www.littmankrooks.com. Have a question? Contact us at info@littmankrooks.com.

Tags: , , , ,
Posted in Alzheimers, Elder Law, Medicaid | Comments Off on Can a resident of a nursing home with Medicaid benefits leave the facility for an overnight visit that is a non-hospitalization leave

World Alzheimer’s Awareness Month

Wednesday, September 12th, 2012

As we enter the month of September, World Alzheimer’s Month, the Alzheimer’s Association – the world’s leading organization working to eradicate the disease – has announced several milestones that have been reached this year.

First, due in part to lobbying by concerned citizens throughout the country, the Obama administration developed the nation’s first-ever National Alzheimer’s Plan.  The plan – which supports better treatment for those living with the disease –  is a result of the National Alzheimer’s Project Act passed by Congress last year.  The Alzheimer’s Association conducted more than 130 public input sessions to gather insight which informed the plan.  Nearly a quarter million people signed a petition in support of a strong national plan.

Celebrating another milestone, the association this year awarded its largest-ever research grant.  The grant, of nearly $4.2 million over 4 years, was awarded to the Dominantly Inherited Alzheimer’s Network at the Washington University School of Medicine in St. Louis, Missouri.  The grant will be used in part to study whether earlier intervention can slow or stop the progress of the disease.

Finally, people throughout the northern hemisphere participated in The Longest Day, an event to raise funds for Alzheimer’s research and raise awareness about the disease.  Held on June 20, the summer solstice, the event called on people to participate in a sunrise-to-sunset endurance relay, with donors pledging various amounts per hour of participation. More than 5 million Americans are living with Alzheimer’s, with approximately 15 million caregivers.

This article was previously seen on Bernie’s Brigade on Forbes.

For more information about the Alzheimer’s Association, visit www.alz.org. To register for a walk in your area, click here. For more information about our elder law services, visit www.elderlawnewyork.com.

Tags: , , , , ,
Posted in Alzheimers | Comments Off on World Alzheimer’s Awareness Month

How can Families get Started in Planning a Nursing Home Placement for a Loved One?

Wednesday, June 27th, 2012

Guestblogger: Ginalisa Monterroso, Entitlement Analyst, Archcare at Mary Manning Walsh Home

How can families get started in planning a nursing home placement for a loved one?

  • Families really need to do lots of research. Use the internet, visit the neighborhoods and facilities and look for reviews that are done by people that have had their family members in the nursing home. Search for a facility where your loved one’s immediate needs are met, ask questions, see if they have an available rehabilitation center, what foods they will serve, how they can cater to your loved ones, what insurance the nursing home will take.
  • Always visit and ask questions.

What is the New York Patient Review and how and where can it be completed?

  • It is a “quick” medical assessment of the patient’s needs – it states what the patient is being treated for, the diagnosis, any symptoms, medications, needs and requirements medically per the doctor’s orders,(as opposed to going through an entire medical chart it is a 7-page summary of all the medical needs of a patient (type of care, type of equipment needed, etc.) so that nursing homes can make a quick assessment).  It can be completed

What is the admissions agreement?

  • This is an agreement that is generated by the facility stating all the requirements of what the facility offers for the resident as far as the needs, insurance (required), payments needed, it is a breakdown of what is included in regards to services, room and board, rehabilitation, insurance, notification on insurance being discontinued, the guidelines for where to go if your insurance is discontinued. Everyone should always read the agreement, it is important to know what is going to go on in a facility when you admit your family member.

How does one pay for nursing home care? Can it be subsidized?

  • There are a lot of options to pay for care. There are short-term options and long-term options. Medicare covers a short-term stay, it also covers assistance in-state nursing facilities (up to 100 days); if you need an extension, or a longer stay, there are other insurances that may cover the extra duration of the stay, for example, a long-term care policy, or medicaid. Paying out-of-pocket is very, very costly.

How do you complete the Medicaid or Medicare application?

  • Call the Social Security Administration and get your family member on Medicare. You should have the Medicare before you go into a nursing home. Medicaid can always be done once the family member enters the nursing home if the need for an extended stay is necessary. There is a financial person on site who can assist with applying for Medicaid. You should always have long-term care insurance set up before your nursing home placement.

What happens if I am a long distance caregiver or when the patient lives out of state?

  • The process of searching is still the same. Ask questions! Technology today has expanded – – do they have an online site? You can view the facility and take a tour online. Ask to speak to the directors of each department (especially admissions).

What legal assistance is required (or preferred) when dealing with a nursing home?

  • Emergency situations where people haven’t planned in advance are surprisingly common in nursing home placements.  You always want to have a power of attorney; go to a certified elder law attorney (CELA®) when dealing with your loved one. A CELA® member knows all the rules and regulations and will know what needs to be done or prepared in regards to entering a nursing home. Guardianships and financial planning are also important to discuss with a CELA® member to ensure that your loved one’s stay is comfortable.

What rights do patients have while they reside in a nursing home?

  • Patients have the same rights as they would as if they were not living in a nursing home: the right to privacy, to not be discriminated against, they have all the same rights as they would as if they were living at home. No one can make any decisions without asking a resident or confirming with a guardian or social worker (who are always on-site).  The family member has a right to find out what is going on (medically, financially) with their family member or loved one.  They are to be notified of any emergencies or needs that their loved one may have as they change.

What is the best advice you can give to family members on how to place your loved one in a nursing home?

  1. Be prepared– Plan Ahead
  2. Look for symptoms in family members who are becoming frail or ailing
  3. Keep paperwork in one place (medical, financial and legal records)
  4. Make sure that you have discussed the needs and wants of your loved one so you are prepared if an emergency takes place (in regards to finances, health and legal matters)
  5. Speak to a certified elder law attorney (CELA®) to ensure your family members’ needs are met – it always helps down the road.

To learn more about elder law, elder care or nursing home placements, visit www.elderlawnewyork.com.

Tags: , ,
Posted in Alzheimers, Elder Law, Estate Planning, Long Term Care, Medicaid | Comments Off on How can Families get Started in Planning a Nursing Home Placement for a Loved One?

Signs That A Loved One Should Consider Assisted Living by J.D. Davis

Tuesday, May 8th, 2012

Our latest guest blogger is J.D. Davis, a co-founder of Golden Years Living Solutions, which provides a free service to families searching for senior residences.  He can be reached at (914) 437-8675 or visit the company’s website for additional information.  www.goldenyearslivingsolutions.com


People with aging parents may find it difficult to have a discussion about the prospect of transitioning them into a senior residence, particularly an assisted living community.  Many adult children should expect to face some resistance from their parents who may feel they are not ready to give up their independence and/or move from their home.  However, there are potential warning signs that one should consider while evaluating the particular circumstances.  The following are some examples when having a discussion on the topic might be necessary:

  • The refrigerator is empty or filled with spoiled food, which may be a sign that food shopping and preparation are more difficult.
  • The parent has frequent bruises, which may be a sign of falling or mobility and balance problems.
  • The parent poses a safety risk by living alone (i.e., forgetting to turn off burners on the stove).
  • The parent wears the same clothing over and over again or neglects personal hygiene, which can be a sign that doing laundry and bathing are becoming more challenging.
  • The house isn’t as clean and tidy and is in disrepair, which may show that maintenance may becoming too much of a burden.
  • The parent forgets things (including doctor’s appointments and when to take medication) or dresses inappropriately for the weather, which may be due to memory loss or dementia.
  • The parent seems to be depressed or anxious, which may result from isolation and staying home alone, particularly if a spouse recently died.

Assisted living communities offer many great benefits to the residents and provides peace of mind to their loved ones.  Some of these benefits may include the following:

  • Dining plans with many choices of food to ensure that each resident is eating a well-balanced healthy meal.
  • Daily social and recreational activities to encourage an active social life.
  • Laundry and linen services.
  • Assistance with eating, bathing, dressing and medication management, ensuring greater health and personal hygiene.
  • On-site trained staff for medical emergencies.
  • Group transportation for shopping and community events, and personal transportation for doctor’s appointments.
  • On-site medical offices, physical therapists and other medical professionals.

While having a discussion with a parent about moving from the home may not be easy, promoting the benefits of assisted living can make the conversation much easier.  Planning ahead and getting them comfortable with the prospect of moving into such a residence is strongly encouraged.

Costs May Be More Affordable

Many families believe the costs of living in an assisted living community are too expensive, thereby making it not a viable option from a financial standpoint.  However, some residents are eligible for discounts at certain communities based on their former careers.  For instance, retirees who served as firefighters may save hundreds of dollars per month from the rent at certain communities.  In addition, certain residents may be eligible for a government benefit as much as $2,000 per month, which makes the costs significantly more affordable.

An appropriate diagnosis can help an aging individual and their loved ones plan for the future. Being proactive in the early stages can allow a person a chance to make long-term decisions about their care, living arrangements, finances, and legal concerns. This allows a person more opportunity to benefit from advanced medical care and support services so that the aging process and effects of the disease are managed better. To learn more about New York elder law or New York estate planning, visit http://www.elderlawnewyork.com

Tags: ,
Posted in Alzheimers, Elder Law, Estate Planning | Comments Off on Signs That A Loved One Should Consider Assisted Living by J.D. Davis

How Could The New Alzheimer’s Criteria Affect My Care And Access To Services

Tuesday, February 28th, 2012

Proposed new criteria to diagnose Alzheimer’s disease could affect how many people have the condition and their access to services and government benefits. Individuals with mild and very mild Alzheimer’s disease could be categorized as having mild cognitive impairment (MCI), which doctors say is the stage between loss of mental function and dementia.

The National Institute on Aging and the Alzheimer’s Association proposed the new criteria. If an individual can still do everyday activities, independently function, but has mild activity problems, they would have MCI. Currently, more than five million people in the U.S. have Alzheimer’s or related dementias. By 2050, these numbers are expected to double. But if the classification changes, millions of Americans could lose out on critical care in the early stages of Alzheimer’s disease.

Earlier this week, the Obama Administration announced plans to spend $50 million on Alzheimer’s research and develop a National Alzheimer’s Plan under the direction of the U.S. Department of Health and Human Services. The funds will promote more Alzheimer’s research, treatment, and caregiver support. Alzheimer’s disease costs $180 billion annually for medical and nursing home care.

Opponents of the proposed diagnosis say that more than 90 percent of people would have their diagnosis downgraded. Some medical experts say that more effort should be done to help patients who have MCI to prevent the onset of Alzheimer’s disease. They hope that the proposed criteria will be modified and discussed more to help the aging population.

Checklist to ensure you are proactive as you receive a diagnosis of cognitive impairment:

  • See a doctor early on to get answers and treatment options
  • Meet with an elder law attorney to review what health services and government benefits you are eligible for
  • Create documents for advance health care directives, power of attorney, and living will
  • Work with an elder law attorney to create an asset protection plan, estate plan, and appropriate trusts
  • Stay aware of changes that could occur due to the National Alzheimer’s Plan
  • Stay updated with Alzheimer’s Association proposal for condition re-categorization

An appropriate diagnosis can help an aging individual and their loved ones plan for the future. Being proactive in the early stages can allow a person a chance to make long-term decisions about their care, living arrangements, finances, and legal concerns. This allows a person more opportunity to benefit from advanced medical care and support services so that the aging process and effects of the disease are managed better. To learn more about New York elder law or New York estate planning, visit http://www.elderlawnewyork.com

Posted in Alzheimers, Elder Law, Estate Planning | Comments Off on How Could The New Alzheimer’s Criteria Affect My Care And Access To Services

Estate Plans Should Include Provisions for Pets

Tuesday, August 23rd, 2011

Many seniors fail to consider their pets when building an estate plan, an oversight that often finds them homeless or in animal shelters, according to the Humane Society of the United States.

People often incorrectly assume they will outlive their pet, or that a friend or family will take care of their pet when they are gone, according to Anne Culver, director of Disaster Services for the Humane Society. Formal provisions can ensure a pet will receive proper care in a loving home after its owner has passed away.

It is important to outline a temporary plan for a pet before even drafting a long-term plan. Estate plans can take time to carry out, especially if they are contested, but pets need daily care and immediate attention. A designated friend, family member or neighbor can ensure a pet’s needs are met while an estate plan is being carried out.

Formal, long-term arrangements for a pet can be created with the help of a lawyer in the form of a special will, trust, or other document. When selecting a caregiver, seniors should consider close family or friends who have met the pet and who have successfully cared for a pet of their own. If an estate plan includes more than one pet, they should be kept together, especially if they have bonded. Seniors should keep in contact with potential caregivers over time to ensure that their circumstances have not changed, and they are still willing to care for the pet.

In the event that a caregiver cannot be found, the executor of a will can be authorized to find a satisfactory new home for a pet. This may take time, so careful instructions and proper funding are paramount. An estate plan can include funding for a pet’s temporary and permanent expenses.

A trust for a pet may also be set up as an alternative to a will. Unlike a will, which only takes effect upon death, a trust goes into effect as soon as a senior becomes incapacitated. This means that a pet can be cared for immediately.

http://www.elderlawnewyork.com/blog/
To learn more about New York elder law, New York estate planning, visit http://www.elderlawnewyork.com or http://www.littmankrooks.com

Posted in Alzheimers, Elder Law, Estate Planning, Wills | No Comments »

Newer Entries »